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CHARLES PFIZER & CO. v. F.T.C.

Nos. 18336, 18337.

401 F.2d 574 (1968)

CHARLES PFIZER & CO., Inc., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. AMERICAN CYANAMID COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Sixth Circuit.

September 30, 1968.

Attorney(s) appearing for the Case

Arthur G. Connolly, Wilmington, Del., for Chas. Pfizer & Co., Inc., Connolly, Bove & Lodge, Wilmington, Del., John E. F. Wood, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, Frost & Jacobs, Cincinnati, Ohio, on the brief, Thomas S. Lodge, Arthur G. Connolly, Jr., F. L. Peter Stone, Wilmington, Del., of counsel.

Richard Y. Holcomb, New York City, for American Cyanamid Co., Ralstone, R. Irvine, Roy W. McDonald, Kenneth N. Hart, Donovan, Leisure, Newton & Irvine, New York City, on the brief, Thomas S. Calder, Dinsmore, Shohl, Barrett, Coates & Deupree, Cincinnati, Ohio, of counsel.

Frederick H. Mayer, Federal Trade Commission, Washington, D. C., James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, Jerold D. Cummins, Atty., Federal Trade Commission, Washington, D. C., on the brief, for respondent.

Before O'SULLIVAN, PHILLIPS and CELEBREZZE, Circuit Judges.

PHILLIPS, Circuit Judge.

These consolidated cases involving the "wonder drug" tetracycline are before this Court a second time. In our earlier opinion, reported at 363 F.2d 757, this Court vacated the decision and order of the Commission and remanded the entire proceeding for a de novo hearing without the participation of the Chairman, who was held to be disqualified to sit in this case. Upon remand we directed that the Commission...

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